HomeMy WebLinkAbout7A - Vacation of a Portion of Red Oaks Road
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
DECEMBER 6, 1999
7A
JENNI TOVAR, PLANNER
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF THE VACATION OF A PORTION
OF RED OAKS ROAD (PUBLIC HEARING) ~-
L
History: Charlotte Roehr owns the property located at 15322 Red
Oaks Road. She is proposing to demolish the existing dwelling and
construct a new home. In July 1999, she received variances to the
OHW setback and driveway width (Resolution 99-11PC and 99-
12PC). A condition of the variance is that the road be elevated as
required by City Ordinance Section 1105.402. This section requires
road access for uses permitted within designated flood areas to have
road access at or above an elevation of not more than 2 feet below the
regulatory flood protection elevation. Therefore, the minimum road
access for structures on Prior Lake is 907.9. Since the road is public,
there are three options for a private property owner to construct such
improvements. These options include entering into a "Private Use of
Public Property" Agreement, petitioning the City for a public
improvement project, or requesting the City vacate the road.
Upon request of Charlotte Roehr, the City Council initiated the
vacation of a portion of the road on November 1, 1999. The City
Council felt this could be an amicable solution for the City and
Charlotte Roehr.
As required by State Statute 462.356 Subd.2, the Planning
Commission reviewed this request to make a recommendation to the
City Council regarding the disposal or acquisition of public lands as it
relates to the compliance with the Comprehensive Plan. On November
8, 1999 the Planning Commission recommended the City Council
vacate the right-of-way as requested.
Upon proper notification, State Statute 412.851 allows the Council to
vacate easement or right-of-way by resolution. The statute also states
that "no such vacation shall be made unless it appears to be in the
public interest to do so".
b\99iile~\99)(ac\9.9-069\92.o69cc2.doc Pl1g~ 1
162 'U cagle creeR Ave. ~.c., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax tOlL) 447-4245
At\ EQUAL OPPORTUNITY EMPLOYER
Current Circumstances: The plat of Red Oaks identifies a 20-foot
wide public street adjacent to Lots 27 through 37. The City has sewer
and water lines within the dedicated roadway requiring a drainage and
utility easement. NSP has also asked the City to retain a utility
easement.
The Issues: The City Council must make two determinations. Does
the vacation of the existing roadway comply with the Comprehensive
Plan and is there a public need or anticipated future need for the
dedicated property?
The Comprehensive Plan has identified Red Oaks Road as a local
street. One policy of the Comprehensive Plan is to conduct
development in a manner that is sensitive to the impact upon natural
features and to environmental constraints including floodplain areas.
By vacating the portion of the roadway requested, the access can be
elevated and constructed in a manner to minimize environmental
impacts. The proposed access (private drive) will be narrower than a
public roadway meeting required public design standards.
Another policy of the Comprehensive Plan is to effectively and
uniformly regulate the development of structures and other land uses
in or near flood plain and drainage areas. The proposed vacation will
allow for the access to be elevated, per floodplain regulations, and
ultimately improve the situation, as access to the property and
structures will be at a higher elevation than currently exists.
There is no public need for the portion of the roadway being vacated.
A private driveway easement allowing access of the adjacent property
owners has been drafted and affected property owners are in
agreement. The City Attorney has reviewed the easement and
recommended a number of changes. These changes have been referred
to the petitioner's attorney and a response was received on November
30, 1999. The revised document has been forwarded to the City
Attorney for final approval addressing her concerns. The City does not
currently maintain the road as there is no proper turnaround at the end
and the road is unimproved. The City has sewer and water lines within
the platted roadway, and a drainage and utility easement must be
retained over the property. Emergency vehicles will maintain access
through changes made to the private Declaration of Driveway
Easement per City Attorney (attached).
Statute 164.07 Subd. 2 requires the City notify the DNR commissioner
at least 30 days, via certified mail, in advance to comment on any
proposed vacation of public way adjacent to a DNR designated body
of water. While a notice of the hearing was sent on November 5,
1: \99fi1es\99vac\99-069\99069cc2.doc
Page 2
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
1999, and the City received comments from Pat Lynch, Area DNR
Hydrologist on November 12, 1999, the DNR is objecting to the
vacation due to inadequate notice time. Attached is a letter from the
DNR objecting to the vacation. On November 18, 1999 a certified
notice was mailed. Considering the DNR's objections and compliance
with State Statute, the public hearing must be continued to December
20, 1999. On November 30, 1999, the grading permit for the access
drive was submitted. The review time for these permits is typically
one to two weeks, therefore continuation of the proposed vacation will
not cause the delay of the issuance of any permits. Furthermore,
requested changes to the building permit application were submitted
on November 30, 1999 with additional items remaining outstanding.
Conclusion: The intent of the Comprehensive Plan will be met as well
as satisfying the public need for the utility/drainage easements. The
Planning Commission recommend approval of the vacation of the
roadway subject to: 1. The granting of a drainage and utility easement
over the roadway being vacated. 2. The driveway easement be signed
by the affect property owners of Lots 27 through 37 Red Oaks. 3. The
signed driveway easement be recorded. However, due to the statutory
requirement on notifying the DNR Commissioner, the public hearing
must be continued to December 20,1999.
In order to comply with the statutory requirements, the City Council
has one alternative:
1. Continue the public hearing to December 20, 1999.
Staff recommends Alternative #1. A motion and second to continue
the public hearing until December 20, 1999.
anager
I :\99fi1es\99vac\99-069\99069cc2. doc
Page 3
. NOV 30 '99 10: 16RM HUEMOELLER & BRTES
P.1/7
FAX TRANSMISSION
HUEMOELLER & BATES
16670 f(anklin Trail
Prior Lake, MN 55372
(612) 447-2131
Fax: (612) 447-5628
To;
Fax#:
Jenni Tovar - City of Prior Lake
Date:
November 30, 1999
10f7
447-4245
Pages;
From; Bryce Huemoeller
Subject: Red Oaks Vacation
CONFJDENTL4L1TY NOTICE; The dOClItnt7lt(S) accompanying rhisfax. cOlltain conftdeTIcial tnformation w/tich is legally
privileged. The infonnmion is intended only jQr che uu of the in/ended recipierzt. lfyou are not Ihe intended T/!cipient, you
are /tlfreby 1lorified chCJr any disclo.~ure, copying, dislriburion 0' rhe laking of allY action in reliance 071 rhe conrellls of the
ulecopied informaria/! /!.I:Upt its direct delivery 10 the inrendad rl!cipienr named abo~/! is scrictly prohibired. lfyol1. luwe
received chisfax in Ural', please T10rify us immediately by telephont to arnmgefor return ofrhe original documents ro us.
COJ.\.1MENTS:
I have revised the proposed Driveway Easement in response to Suesan Pace's
comments:
1. A new Paragraph 2 has been added for the use of the easement by emergency
personnel.
2. Paragraph 3 (formerly 2) has been revised to prevent interference with
emergency vehicles and persormel.
3. The first page has been reformatted so that tbe document can be filed as a
standard document.
cc: Suesan Lea Pace, Esq. (via fax 338-7858)
cc (via mail): Charlotte L. Roehr
Michael and Ann Finnegan
Robert and Selma Kist
NOV 30 '99 10: 16RM HUEMOELLER & BRTES
P.2/7
DECLARATION OF DRIVEWAY EASEMENT
This agreement is made effective , 1999, by ROBERT P. KIST
and SELMA KIST, husband and wife, MICHAEL G. FINNEGAN and ANN E.
FINNEGAN, husband and wife, and CHARLOTTE L. ROEHR, a single person (the
Kists, FiImegans and Roehr being collectively referred to herein as the "Dec1arants").
RECITALS
A. The Kists are the owners ofreaJ property in Scott County, Minnesota, legaJJy
described as follows, to-wit:
Lot 27, RED OAKS, Scott County, Minnesota, EXCEPT That part of said Lot
27 lying southwesterly of a line described as commencing at the most easterly
corner of said Lot 27; thence southwesterly along the southeasterly line: of said
Lot 27 a distance of 77,90 feer to the point of beginning of the line to be
described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to
the right a distance of 249.5 feet to the northwesterly line of said Lot 27, and
said line there terminating.
AND
That part of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED
OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension
of the southeasterly line of said Lot 27, and southerly of the southeasterly
extension of the most northerly line of said Lot 27.
113099
1
.' ---~r-
-I'ltl
NOV 30 '99 10: 17RM HUEMOELLER & BATES
P.3/7
B. The Finnegans are the owners of real property in Scott County, Minnesota,
legally described as follows, to-wit:
Lot 28, RED OAKS, Scott County, MinnesoTa.
AND
That part of Lot 29, RED OAKS, described as follows: Commencing at the
southeast comer of said Lot 29, the same being the northeast corner of Lot 28 of
said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed
bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the
point of beginning of the land to be described; thence North 62 degrees 09
minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence
South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feel
1:0 the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42
seconds East 159.66 feet, along said southerly line to the point of beginning.
AND
That part of the 20 foot Road adjacent to the easterly line of Lots 28 and 29,
RED OAKS, Scott County, Minnesota, lying northerly of the southeasterly
extension of the southerly line of said Lot 28, and southerly of the southeasterly
extension of me northerly line of that part of said Lot 29 described as follows:
Commencing at the southeast corner of said Lot 29, the same being the northeast
comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds
West (assumed bearing) along the southerly line of said Lot 29, a distance of
13.89 feet to the point of beginning of the land to be described; thence North 62
degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot
29; thence South 32 degrees 00 minUtes 40 seconds West along said westerly
line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21
minutes 42 seconds East 159.66 feet, along said southerly line to the point of
beginning.
C. Roehr is the owner of real property in Scott County, Minnesota, legally
described as follows, to-wit:
Lot 29, RED OAKS, Scott County, Minnesota, EXCEPT that part described as
follows: Commencing at the southeast comer of said Lot 29, the same being the
northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42
2
NOV 30 '99 10: 17RM HUEMOELLER & BRTES
P.4/7
seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along
said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning.
AND
Lots 30, 3C 32 and 33, RED OAKS, Scott County, Minnesota.
AND
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 29 to 33, RED OAKS, Scott County, Minnesota, lying southerly of the
southeasterly extension of the northerly line of said Lot 33, and northerly of the
southeasterly extension of the northerly line of that part of said Lot 29 described
as follows: Commencing at the southeast corner of said Lot 29, the same being
the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes
42 seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of said Lot 29; thence South 32 degrees 00 minures 40 seconds West along
said westerly line 17.29 feet to rhe southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning.
NOW, THEREFORE, The Declarants hereby declare and establish a
nonexclusive perpetual easement for ingress, egress, driveway and utility purposes,
which shall be appurtenant and run with the title to each of the above described parcels
(which are referred to herein individually as a "Parcel" and collectively as the
"Parcels"), and subject to the covenants and charges herein, over, across and upon the
following portions thereof (the "Driveway Easement"), to-wit:
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 27 to 29, RED OAKS, Scott County, Minnesota, lying northerly of the
northeasterly extension of the southeasterly line of said Lot 27, and southerly of
the southeasterly extension of the northerly line of that part of said Lot 29
3
, NOV 30 '99 10: 18RM HUEMOELLER & BRTES
P.5/7
described as follows: Commencing at the southeast comer of said Lot 29, the
same being the northeast corner of Lot 28 of said plat; thence North 68 degrees
21 minutes 42 seconds West (assumed bearing) along the southerly line of said
Lot 29, a distance of 13.89 feet to the point of beginning of the land to be
described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to
the westerly line of said Lot: 29; thence South 32 degrees 00 minutes 40 seconds
West along said westerly line 17.29 feet to the southerly line of said Lot 29;
thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said
southerly line to the point of beginning.
1. IMPROVEMENTS, MAINTENANCE AND RESTORATION. (a) The
owners of each of the Parcels shall perform, as and when such owners deem necessary,
and pay the cost of such improvements to and maintenance of the Driveway Easement
as may be reasonably necessary for access to the owners' Parcel.
(b) Restoration. If the Driveway Easement or any improvements thereto
are damaged or destroyed by any cause, any OWDer who has use for the Driveway
Easement may restore it.
(c) Other Rights. Nothing in this Declaration shall prejudice the common
law or statutory rights of any owner to recover from any other owner for negligent or
willful acts or omissions.
2. EMERGENCY ACCESS. A general easement is hereby granted to all
police, ftre protection, ambulance and oTher similar emergency agencies and personnel
LO enter upon and use the Driveway Easement in the proper performance of their duties.
3. LIMIT A TION. No owner of a Parcel shall cause or permit obstruction of or
interference with the rights in or use of me Driveway Easement by any other owner or
emergency vehicles and personnel.
4. GENERAL PROVISIONS. (a) Duration. This Declaration shall bind and
inure to the benefit of each owner of the Parcels, and their respective heirs, successors
and assigns, for a term of 20 years from the date it is flIed for record. Thereafter, this
Declaration shan automatically renew for successive periods of 10 years.
(b) Amendment. This Declaration may be amended with the written
approval of all record owners of the Parcels. Any amendment shall be made in fIleab1e
form and effective on the date filed for record of filing with the Scott County Registrar.
4
NOV 30 '99 10: 18RM HUEMOELLER & BRTES
P.6/7
(c) Plural. The singular shall include the plural, and plural may be read
as singular, where appropriate, and unless the context otherwise requires.
(d) Gender. The masculine gender may be read as the feminine gender
.,.. or the neuter gender, where appropriate, and unless the context otherwise requires.
(e) Liability. The obligations of the owners of the respective Parcels
shall be joint and several, except where the context otherwise requires.
(f) Enforcement. Any owner may enforce~ by a proceeding at law or in
equity, or both, any provision of this Declaration. The proceeding may seek to restrain
the violation and to recover the damages resulting therefrom, together with the costs of
the proceeding, including reasonable attorneys' fees.
(g) Captions, The captions herein are inserted only for convenience and
reference and do not limit the scope of this Declaration.
(h) Severability. Invalidation of any provision of this Declaration by any
Court shall not effect the remainder hereof, which shall continue in full force and
effect.
ROBERT P. KIST
MICHAEL G. FINNEGAN
SELMA KIST
ANN E. FINNEGAN
CHARLOTTE L. ROEHR
STATE OF MINNESOTA)
)8S.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this
_ day of , 1999, by Robert P. Kist and Selma Kist, husband and wife.
Notary Public
5
, NOV 30 '99 10: 18RM HUEMOELLER & BRTES
P.7/7
ST ATE OF MINNESOTA)
)S5.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this
_ day of , 1999, by Michael G. Finnegan and Ann E. Finnegan, husband
and wife.
Notary Public
ST ATE OF MINNESOTA)
)88.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this
_ day of , 1999, by Charlotte L. Roehr, a single person.
Notary Public
This instrument was drafted by:
HUEMOELLER & BATES
16670 Franklin Trail
Prior Lake, MN 55372
6
r Ii UN.
EXHIBIT A
I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
"0
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain ... ss
/' VIJUIILY"T"
Parks Natural Features ( Legal Issues ')
Assessment Electric """-
Policy
Septic System Gas BuildinQ Code
Erosion Control Other
Recommendation:
Approval
Denial
L Conditional Approval
commrts: .
u. JiJ.L ~uJ J.4~ ~ CLhou:i' ~ ~ Ii
#lue~~~ .
~'~ - ~_ . " - n-:;. _ ~~
P ~;I 1j..J..(!. .
G1:~4~:~~~~~~~~
Signed:
~ ~ Pb<-L-
Date:
/A...tru. q J J1q 9
Please return any comments by Fridav. November 19. 1999. to
Jenni Tovar. Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake. MN 55372
Phone: (612) 447-9813
Fax.: (612) 447-4245
f:\depl\planning\99fi1es\99vac\99-069\referral.doc
Page 2
- -- -------:--r-------
,ol'
FROM
(WED) 1:.10 9Si l:;:?o/ST. 1~:::>4/r-..i...... ..LOUtJ::'LS~L
DECLARATION OF DRlVEW A Y EASEMENT
This agreement is made effective October _, 1999, by ROBERT P. KIST and
SELMA KIST, husband and wife, MICHAEL G. FINNEGAN and ANN E.
FINNEGAN, husband and wife, and CHARLOTIE L. ROEHR, a single person (the
Kists, Finnegans and Roehr being collectively referred to herein as the "Declarants,n).
REcrr ALS
A. The Kists are the owners of real property in Scott County, Minnesota, legally
described as follows, to-wit:
Lot 27 I RED OAKS I Scott County, Minnesota, EXCEPT that pan of said Lot
27 lying southwesterly of a line described as commencing at the most easterly
corner of said Lot 27; thence southwesterly along the southeasterly line of said
Lot 27 a distance of 77.90 feet to the point of beginning of the line: to be
described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to
the right a distance of 249.5 feet to the nonhwesterly line of sai~ Lot 27, and
said line there terminating..
AND
That part of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED
OAKS, Scott County I Minnesota, lying nonherly of the northeasterly extension
of the southeasterly line of said Lot 27, and southerly of the southeasterly
extension of the most northerly line of said Lot 27.
B. The Finnegans are the owners of real propeny in Scott County, Minnesota,
legally described as follows, to-wit:
Lot 28, RED OAKS, Scan Counry, Minnesota.
AND
That part of the 20 foot Road adjacent to the easterly line of Lot 28, RED
OAKS, Scott County, Minnesota, lying northerly of the southeasterly extension
of the southerly line of said Lot 28, and southerly of the somheasterly extension
of the northerly line of said Lot 28.
1
~nUN,
.""::".;...I( .;......U ;i;J l~.~~/'-'~. ~.........--;;;~........ -;:;;I..............-"I..-~,.,~
C. Roehr is the owner of real property in Scott County, Minnesota, legally --
described as follows, to-wit:
Lot 29. RED OAKS, Scott County, Minnesota, EXCEPT that part described as
follows: Commencing at the southeast corner of said Lot 29, the same being the
northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42
seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of'said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along
said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning.
AND
Lots 30, 31,32 and 33, RED OAKS, Scott County, Minnesota.
AND
That -part of the 20 foot Road adjacent to the nonheasterly and easterly lines of
.\ Lots 29 to 33, RED OAKS, Scan County, Minnesota, lying northerly of the
'l1~'1.. ) southeasterly extens~on of the southerly ~e of said Lot 29 and southerly of the
~_ Z(I southeasterly exten5lOn of the northerly Ime of said Lot 33.
~-~ .;
"f, ~..;:. NOW THEREFORE the Declarants hereby declare and establiSh a
,..l"~v>' nonexclusiv perpetual easement or ingress, egress, driveway and utili purposes,
" 1\ tf- w ch shall be app run wuh e u e to each of the above described parcels
-t' ~ 'I. (which are referred to herein individually as a "parcel" and collectively as the
-o9y "Parcels"), and subject to the covenants and charges herein, over, across and upon we
following portions thereof (the "Driveway Easement"), to-wit:
That pan of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 27 and 28, RED OAKS, Scon County, Minnesota, lying northerly of the
northeasterly extension of the southeasterly line of said Lot 27 and southerly of
the southeasterly extension of the northerly line of said Lot 28.
1. IMPROVEMENTS, MAINTENANCE AND RESTORATION. (a) The
owners of each of the Parcels shall perform, as and when such owners deem necessary,
2
FROM
(WED)~l.10 99 :?:~':)/;;:;l. l:;l;:J'-1:/J"u.'7'-.....,u....~o:...-r.........
and pay the cost of such improvements to and maintenance of the Driveway Easement
as may beJeasonably necessary for access to the owners' Parcel.
1
)I f) .
(b) Restoration. If the Driveway Easement or any improvements thereto
are damagec. or destroyed by any cause, any owner who has use for the Driveway
Easement may restore it. u~ W ~t-
A~cv.J- ~e,
(c) Other Rights. Nothing in this Declaration shall preju ic~~on lJ.Lk::.~~
law or statutory rights of any owner to recover from any other owner r negligent or
willful acts or omissions. ClJ\.u.J. t.n U-L lii:.Je' ~ h/l..)..J-i.. ~ .
~~~~ro ~/...::l1u- l~~N..etrl-
2. LIMITATION. No owner of a Parcel shall cause or permit obstruction of & ~ 6.~
interference with the rights in or use of the Driveway Easement by any other owner. dl- ~
3. ~eUJ.x).1 vGtnaes: .-l i ~ lk~JH\!i..f< rw. Yn'~ Y1. -1 l(jrdhLl/i ~. f(MlIJa.~.d'
4. GENERAL PROVISIONS. Ca) Duration. This Declaration shall bind and wi ~
inure to the benefit of each owner of the Parcels. and their respective heirs, successors '1: '"
and assigns, for a term of 20 years from the date it is filed for record. Thereafter, this
Declaration shall automaucally renew for successive periods of 10 years.
,
(b) Amendment. This Declaration may be amended with the wri~
approval of all record owners of the Parcels. Any amendment shall be made ~
form and effective on the date filed for record of fliing with the Scott County Regisrrar.
(c) Plural. The singular shall include the plural, and plural may be read
as singular, where appropriate, and unless the:: context otherwise requires.
(d) Gender. The masculine gender may be read as the feminine gender
or the neuter gender, where appropriate, and unless the context otherwise requires.
(e) Liability. The obligations of the owners of the respective Parcels
shall be joint and several, except where the conrext otherwise requires.
Cf) Enforcement. Any owner may enforce, by a proceeding at law or in
equity, or both, any provision of this Declaration. The proceeding may seek to restrain
the violation and to recover the damages resulting therefrom, together with the costs of
the proceeding, including reasonable attorneys' fees.
(g) Captions. The captions herein are inserted only for convenience and
reference and do not limit the scope of this Declaration.
3
(h) Severabiliry. Invalidation of any provision of this Declaration by any
Court shall DOC effect the remainder hereof, which shall continue in full force and
effec l.
MICHAEL G. FINNEGAN'
ROBERT P. KIST
ANN E. FINNEGAN
SELMA KIST
CHARLOTIE L. ROEHR
ST ATE OF M INNES OT A)
)5S.
COUNTY OF )
.-
.~..
This Declaration of Driveway Easement was acknowledged before me on this
day of , 1999, by Raben P. Kist and Selma Kist, husband and wife. -
Notary Public
ST ATE OF MINNESOTA)
)ss.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this -
day of , 1999, by Michael G. Finnegan and Ann E. Finnegan, husband and
wife.
Notary Public
4
FROM
(WED) 11.1099 i6:UU/bl. l:;l::;:>'-'-:;/f\;...J. 'i-LDUO.:JL"':-::;,;1L 1- !l
".
ST A TE OF MINNESOTA)
)ss.
COUNTY OF ~
This Declaration of Driveway Easement was acknowledged before me on this -
day of , 1999, by Charlotte L. Roehr, a single person.
Notary Public
This instrument was drafted by:
HUEMOELLER & BATES
16670 Franklin Trail
Prior Lake, MN 55372
5
LEGAL DESCRIPTION FOR VACATED ROAD
That part of the 20 foot Road adjacent to the nonheasterly, easterly and
southeasterly lines of Lots 27 to 37, RED OAKS, Scott County, Minnesota,
lying northerly of the norrheasterly extension of the southeasterly line of sai~ Lot
27 and southerly of the southeast line of said Lot 37.
If
DE? ARTUENT OF
NA rURAL RESOURCES
November 22,1999
1200 Warner Road
Saint Paul. Minnesota 55106
Phone 651. 772. 7937
Facsimile 651. 772. 7977
Ms. Jenni Tovar, Planner
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
Subject: Petition to Vacate a Portion of Red Oaks Road Right of Way - Public Hearing Notice
Dear Ms. Tovar:
On November 22, 1999, the Department of Natural Resources received a letter from the City of Prior
Lake and a Notice of Public Hearing to Consider the Vacation of a Portion of Red Oaks Road both dated
November 18, 1999. The public hearing is scheduled for December 6, 1999 at Prior Lake Fire Station #1.
Minnesota Statutes 164.07, Subd. 2, requires "...petitioners shall serve notice of the order by certified
mail upon the commissioner of natural resources at least 30 days before such meeting if the road to be
vacated terminates at or abuts upon any public water..."
The Department of Natural Resources will not agree to accept the hearing without the 30 days
notice required by statute. Please serve the DNR notice of the petition according to statute should
another hearing be scheduled.
Please feel free to contact me if you have any questions.
Sincerely,
..ij c? /d:
S ott 1. Kelling "/ -' ---;
Area Trails and Waterways Supervtbr
c: Bill Johnson, Metro Region Trails and Waterways Supervisor
Joan Bchhorst, Office of the Minnesota Attorney General
Kathleen Wallace, Metro Regional Administrator
Pat Lynch, DNR Area Hydrologist
H:\priOfVocalo-ndoab.wpd
RESOLUTION 99-120
RESOLUTION INITIATING THE VACATION OF A PORTION OF THE RED OAKS ROAD RIGHT-
OF-WAY ADJACENT TO LOTS 27-37, RED OAKS
BY:
Wuellner
SECOND BY:
Petersen
WHEREAS, Red Oaks Road adjacent to Lots 27-37, Red Oaks, is dedicated as a public road;
and
WHEREAS, this section of Red Oaks Road is not improved to City standards, and
WHEREAS, the adjacent property owners wish to make some improvements to this road; and
WHEREAS, in order to determine whether the vacation of this easement is or is not in the public
interest, the City Council has initiated the vacation process by motion.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant
to Minnesota Statues 412.851, the process for the vacation of a portion of the Red Oaks Road
right-of-way adjacent to Lots 27-37, Red Oaks, is hereby initiated.
Passed and adopted this 1 st day of November, 1999.
YES NO
MADER X MADER
KEDROWSKI X KEDROWSKI
PETERSEN X PETERSEN
SCHENCK X SCHENCK
WUELLNER X WUELLNER
{Seal}
1r6'200~ggfg1e}iPJ~n~t'g?'gI~~~~lbcr Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / ~~~e(512) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Planning Commission Minutes
November 8, 1999
Cramer:
· Agreed with the Commissioners' views. Vacate the entire portion.
Tovar said this action will go before the City Council on December 6, 1999. The process
of vacating the entire roadway by the residents could take 3 to 6 months. It could be a
costly project for the City.
Anderson said the entire street was surveyed in 1994 by Valley Survey. It would only
have to be updated.
Rye said the City needs a survey of what needs to be vacated. It is a private roadway.
MOTION BY CRAMER, SECOND BY STAMSON, TO DENY THE VACATION
REQUEST AS PRESENTED.
Vote taken signified ayes by all. MOTION CARRIED.
MOTION BY CRAMER, SECOND BY ST AMSON, TO RECOMMEND CITY
COUNCIL RESEARCH THE RIGHT-OF-WAY FOR VACATION.
Vote taken signified ayes by all. MOTION CARRIED.
~
/
B. Case File 99-069 Charlotte Roehr is requesting the vacation of a portion of
Red Oaks Road adjacent to Lots 27-37, Red Oaks.
Planning Director Don Rye presented the Planning Report dated November 8, 1999, on
file in the office of the Plan Director.
City Ordinance Section 1105.402 requires road access for uses permitted within
designated flood areas to have road access at or above an elevation of not more than 2
feet below the regulatory flood protection elevation. Therefore, the minimum road access
for structures on Prior Lake is 907.9. Charlotte Roehr has received an OHW setback and
driveway width variances. A condition of the variance was the road be elevated as
required by City Ordinance. Considering the road is public, there are options for a
private property owner to construct such improvements. Such options include entering
into a "Private Use of Public Property" Agreement, petitioning the City for a public
improvement project, or requesting the City vacate the road.
The intent of the Comprehensive Plan will be met as well as satisfying the public need for
the utility/drainage easements. The Planning staff recommended approval of the vacation
of the roadway subject to the granting of a drainage and utility easement over the
roadway being vacated.
f:\dept\planning\99files\99plcomm\pcmin\mnlI0899.doc II
Planning Commission Minutes
November 8,1999
Comments from the public:
Bryce Huemoeller, representing Charlotte Roehr, said they were present to support the
request. Huemoeller explained this is an unusual plat, the road does not meet City
standards and has never been maintained by the City. They tried to do an agreement to
approve public property but felt that type of agreement was not appropriate for this use.
There are no other public interests that need to be considered. This affects 2 properties.
The utilities are not effected by the vacation. It solves an unusual and complicated
problem for the City by approving the vacation.
Comments from the Commissioners:
Stamson:
. Concurred with staff and their conditions.
. Ifthe applicant has to maintain it, she should own it.
Cramer:
. Concurred with staffs recommendation. This is a very amicable solution.
V onhof:
. Agreed.
. Noticed the Declaration of Driveway Easement has not been signed by the property
owners.
· Huemoeller said the neighbors will sign after the approved vacation.
. A signed copy should be included in this vacation. There should be a legal
instrument.
MOTION BY VONHOF, SECOND BY STAMSON, TO APPROVE THE REQUEST.
Vote taken indicated ayes by all. MOTION CARRIED.
7. Announcements and Correspondence:
A. Proposals for Planning Commission Bylaw changes.
There were no concerns for changes.
8. Adjournment:
The meeting adjourned at 9:52 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
1:\99fi1es\99p1comm\pcmin\mn II 0899.doc
12
TOPOGRAPHIC SURVEY PREPARED FOR:
CH.e..R~OTTE ROEHR
15322 RED OAKS ROAD S.E.
PRIOR LAKE. MN. 55.372
VALLEY SURVEY1NG CO., P.A.
16670 FRANKUN TRAIL SE. SUITE 230
PRIOR LAKE MN. 55372
PH. (612) 447-2570
FAX (612) 447-2571
~:';/Gt~~~~*iq~~~-t~
EXHIBIT A ~.."'~:~:~~';i{d'hf;
,. .... .....
. .>:~~
. N88"2.6 '4.s"W
120.00
.......
.......
.......
.......
.......
.......
.......
.<<.;
~
'V 0,0,
",\,\
.......
.......
.......
l~~.......
.......
/
/
/
/
/
/
/
/
/
/
/
.......
.......
.......
.......
.......
.......
.;\ "OQ:-/?
:Q2' 0",:/
Q 4)"
.......
I
/
/
/
/
I
,
.......
PRIOR
- \
<:l 90
2.0
LAke:--
;/8/99 l....
1
...'...fU
'~
~
t
. I
--v .
'J
....------".
-'''..,.
I
1
GRAP::IC SCALS
n--'"
.0
I
~
'0
I
I 11IIII Bii1
Ji!!IIIIM' _
:0
( iN
:nc::. = 20 (t.
.
'Jenotes iron '.lcnumt:!n t ='Juna
;ll::~o?~.~r':" ')ESCRIPnQN ~s ,:lRO\o10ED:
'.01 :9. ,~E!J O..,I<S -In .~riO('~aK" O:Czpl' :]'lOt ::Ian jll5c:rIOeQ 'J:S :0110.....,:
Commtl:nc:.:nq H :ne soulhea.=:t ..:Ot'n<<')' ":l1Q '..~t :9. :no JQrne~cll"lq (rill "OItnea~t
,:O(n.,. 'J' L\Jt :~ Ji said .:IIQ(: :nence ,~o(th oB jeqtu~ 21 "'T'lInule:ll ..2 ~.tcon<l3
'NUl (Q,,,,,,,mlfd ~ectlnq) ::lonq :hllt ,outhe....y :in.., ::It ~jd ,_O( :9. 'J ji3tonca 0;
r ..l~9 1..( to,) th.,OIO( 01 ~eqannlf1q 01 '1l<e iCJnCl to 011I ,Ja;SCtlOCO: :n4f\CIt .'4Ol"ln 02
Jlf<1I"oU'S aoJ mlnulU ~2 s..comj~ 'f'test \.57. +7 :o_t :0 the ''"'dlll(ly lin. ot iQKJ L:H
29: ~nenc. SQuiJl ~2 Jeqred 00 mlnu te:s "0 ,econ~"'e~C .l.onq wid "c~tefly
lin.. 17.:g t.C( ta In. soulh.erty line ~I sad !..at 29: thence $ou(n 58 Jeqrcu 11
minulH "2 ,IItCOOQ.S P::Q5( !~.o6 1..(. >Jlooq SOH] slJUlnetlY line to ~t'\. ooint J/
.)~"n."q.
o
Jenoies ron '.tonument 3et ::nd
marKed oy '_,cense .'lo. ! 0182
Lol3 thirty (~O). rhtrcY-QI1. (.31). ih..ty-t...o (J:) cnQ Thlrty-lt'l,ee (;,J)' .~E.o
OAKS on Pri<< LaM. Qcco,ainq (0 the J'Q( '.}\ltfeoi fil<<j 0; recotd in :n_ ulrica
0;,' lne ,~.qI3lt.... 0' a.INs lor 'SOld SCl:IU C.;)Uoty. ."'iftft4SQlo.
,..\ 'I
.:.:~:.:.,:.,
i hereoy certify that :his lopaqrapnic
survey 'Has preparea JY me or unaer my
;::irec: ~I pervision ano that I am a duly
Lice 7c Lend Surveyor Jnder the laws
of ~laJ7iJto ~ . /{
Minnesota license numoer 1018,3
Oaled this 15th day of January. 1999
Revised 5-J-99 To ad~s( S. ~nd of ::x. l](Jveway
end ~o 3[10"" Son, MH .~ ,~P.' 3
on4
:~~~~?:~ ;:'
,~(, .. -, ': . ~ ?'~.
,,\!"~: ~i ~
d1.1l~
~:i~
l' "
~! '~
"'~
li ~il
~:~ ~
~ '65
lt~
.d1
~ ~l
t~1
-~!~
j~l
~J:~
c J}~
It. 'l!
-~~ -.:<
~\ ~1l
~t l~
~~ ~~
:i';:d"::-,
)t: ~
CI)
;. !~
"
LL
o
z
o
-
~
i
t
i
-~
~
.,
'tl
~
]
~
~
W)
~.~' ,
~ :.~;;;~ .~.~ t:~.-' "
1 ",'
:; "
; .
V-
i ~ ~ .
'.
..
.. /,
.' ~ ..~ '
!l- < 'j
1,;., .,
.1 'i\
l')'
-0";, ~,
~
I
'.
\~-.
,",
1
,- ,
"I
, ...
'.' ~'1'.
. "
'~'.. .' ._._n.___ ..,.,,-..-.-------------....-....--.'~
RESOLUTION 99-11PC
A RESOLUTION APPROVING A 26.0 FOOT VARIANCE TO PERl\tlIT A
SETBACK FROM ORDINARY HIGH WATER :MARK OF 49.0 FEET INSTEAD
OF THE REQUIRED SETBACK OF 75.00 FEET.
BE IT RESOL YED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Charlotte Roehr has applied for variances from the Zoning Ordinance in order to
permit the construction of a single family residence with attached garage on property
located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay)
District at the following location, to wit;
15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake
EXCEPT that part described as follows: Commencing at the southeast corner
of said Lot 29, the same being the northeast corner of Lot 28 of said plat;
thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along
the southerly line of said Lot 29, a distance of 13.89 feet to the point of
beginning of the land to be described; thence North 62 degrees 09 minutes 42
seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32
degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the
southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds
East 159.66 feet, along said southerly line to the point of beginning. And Lots
Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks
on Prior Lake according to the plat thereof files of record in the Office of the
Register of Deeds for Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #99-043 and held hearings thereon on July 12, 1999.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
f:\dept\planning\99fi1es\99var\99-043\re99 1 1 pc. doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
.-\N EQUAL OPPORTUNITY EMPLOYER
/
, i' - .-
.
--" ~ -
4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance aI,ld
Comprehensive Plan.
5. There is no legal building envelope for the lot. The lot is a peninsula and therefore,
OHW setback averaging cannot be utilized. This results in a 75-foot OHW setback
and no legal building envelope.
6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of
the property does not exist without the granting of the variance. The applicant has
designed a house meeting the previous 50 foot omv setback.
7. The proposed house will be setback farther from the lake and at a higher elevation
than the existing cabin as well as the adjacent structure. The proposed house will be
above the regulatory flood protection elevation.
8. The proposed structure with the variance granted is within DNR recommendations.
9. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, and is necessary to alleviate demonstrable hardship.
10. The contents of Planning Case 99-043 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance for future single family dwelling with attached garage as per Exhibit
A
,
1. A 26.00 foot variance to permit setback from Ordinary High Water, OHW of 49.00
feet instead of the required 75.00 foot setback.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. The road access to the property must be at or above 907.9 elevation. A building
permit will not be issued until a plan has been approved (public or private) to raise to
road to be compliant with the required flood protection elevation road access of907.9
f:\dept\p1anning\99files\99var\99-043\re99 1 1 pc. doc
2
2. A revised survey must be submitted indicating the screened porch and second story
deck meeting the 49.00-foot OHW setback. This must be submitted prior to the
issuance of a building permit.
3. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. An Assent Form mustbe signed and pursuant to Section
,
1108.415 of the City Code, the variarice will be null and void if the necessary permits
are not obtained for the proposed structure within one year after adoption of this
resolution.
Adopted by the Board of Adjustment on July 12, 1999.
~iliili:
a:ST
Donald R. Rye, PI
f:\dept\planning\99fi1es\99var\99-043\re99 1 1 pc. doc
"1
.J
TOPOGRAPHIC SURVEY PREPARED FOR:
CH.~RLOTTE ROEHR
15.322 RED OAKS ROAD S.E.
PRIOR LAKE. MN. 55372
VALLEY SURVEYING CO., P.A.
16670 FRANKUN TRAIL SE. SUITE 230
PRIOR LAKE NlN. 55372
PH. (612) 447-2570
FAX (612) 447-2571
. N88'Z6' 4-5"W
120.00
.......
.......
.......
.......
.......
.1\ ~
:\\
,0 ,,?
K? o,c'
<< 0"
~
~
'v 0,0,
....\0;,\
.......
.......
.......
.......
.......
I~~.......
?~~~=z::--,
, / // ''-'-,-'''~
l~///r~-=~~~,
I ..'v/....... /' ').,
I ~"-t ......... " . \
?' .,!k."'~ //...., ....... . \
\. ~,. /" \
"'fl'~/ ?v.rrCflW \
/
/
.....
.......
.......
~R/OR
cl.. 902.0
?qOP~RTY ~ESC.qIP~C<l ~S ,'qO,^OEO:
'.,0\ :9. .~EO QAKS on ,::Inal' '..Ok. n:CZPT :J'!Q\ :)crt d,UGrIOed eu lollcw~:
COfnmcnc::nq JC tn. SQut"~~l ":Ot'net '7It 'Ola l.ol 29. :n. lorn<< J~lnq !n<< I101'tneQ.3(
':Qrn.( 'J' LoJt ::! ;JI said olol: ihdf'lca Nann cia d~q"" 21 .-ninute:s -102 SltCQO<J3
'Nut (assumed ~eottnqJ ~jOtlq :h. ,outhe.-ly lin" 0; ~id I~ot 29. 'J cli3loncs oi
103..59 1..\ (I) tn. ~Oln( -J/ t>eq/lflnNlq Of '.he land ~Q oe J.~C:(Io.o: :neoCt Notth 02
1oJe<J".. 09 minl,HU .lo2 sccO""J 'Nest :,57. ~7 le.t :0 the ....,st.'ly 1it1", oj ,cia Lot
'Z9: \J'ldlce Soutn J2 :Jeqrces lJO mlnule~ -'0 ~econCb We~( .Jlanq WIG .....:stetty
II".. 17.29 ru( ta I". sou(h4f1Y II". ~I 1aid Lac 29: lhcnca 50..(h do! Ije:qren 1~
minut.. ., 'IICDnCU E:'Q$t 1:9.aa /let. .uonq saKI suvthW'ly tin. to In, s;loint ~I
Is~"...inq.
",4
Lou; Thir'ty {J01. ThwtY-QI1e .(.31). ihlt'ly-hra (J2) and i'hltt""""lhree (:3). I1ED
OAKS on Pricl" LaX. occol'cinq to the ,lot thereof iioed 01 record in tn. vHic.
0' ",. ~.tqISI'" ~I O'iNS lot' ~d Scott C.:.unt Y. Minnesota.
.:.:::.:>.t
".. '.__. c
~:'.:f::LM~~~~iiq~?~
EXHIBIT A ~..."''"'<t~\i{:t!;;.
'" I ~.~;}i:;r~,€
, ..,~
.......
.......
.......
.......
.......
'-
.......
.......
/'
LAkr-
7/8/99 C.
'~
o
I
j
I
GRAPHIC SCALE
.0
I I
I .. IlliiilI
~- ~
( IN ;EET
!nch = 20
,0
'0
I
-,
""'!I
)
rl
. Denotes lron Monumldn t ;= ouna
o
Denotes Iron Monument :3et end
marked oy Ucense ,\10. 10183
....
Y"
10183
01 January, 1999
S. end 01 Ex. Orive:~ay
RESOLUTION 99-12PC
A RESOL UTI ON APPROVING A 15.0 FOOT VARIANCE TO PERl"IIT A
DRlVEW AY WIDTH OF 39.0 FEET INSTEAD OF THE ~1AXIlVIU~1 WIDTH AS
:MEASURED AT THE PROPERTY LINE OF 24.0 FEET.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Charlotte Roehr has applied for a variance from the Zoning Ordinance in order to
permit the construction of a single family residence with attached garage on property
located in the R-l (Suburban Residential) District and the SD (Shore land Overlay)
District at the following location, to wit;
15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake
EXCEPT that part described as follows: Commencing at the southeast corner
of said Lot 29, the same being the northeast corner of Lot 28 of said plat;
thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along
the southerly line of said Lot 29, a distance of 13.89 feet to the point of
beginning of the land to be described; thence North 62 degrees 09 minutes 42
seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32
degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the
southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds
East 159.66 feet, along said southerly line to the point of beginning. And Lots
Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks
on Prior Lake according to the plat thereof files of record in the Office of the
Register of Deeds for Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for a variance as contained in
Case #99-043 and held hearings thereon on August 9, 1999.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
f:\dept\planning\99files\99var\99-043\re9912pc.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. The lot is a peninsula and the access to the road must be raised to 907.9 elevation. A
turn around must be provided at the end of the road, which is adjacent to the
applicant's property. There is limited space to construct a turn around, as the road
was platted in 1930.
6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of
the property does not exist without the granting of the variance.
7. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, and is necessary to alleviate demonstrable hardship.
8. The contents of Planning Case 99-043 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance for future driveway with turnaround as per Exhibit A;
1. A 15.0 foot variance to permit a driveway width of 39.0 feet instead of the maximum
24.0 foot width as measured at the property line.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. An Assent Form must be signed and, pursuant to Section
1108.415 of the City Code, the variance will be null and void if the necessary permits
are not obtained for the proposed structure within one year after adoption of this
resolution.
Adopted by the Board of Adjustment on August 9, 1999.
f: \dept\planning\99files\99var\99-043\re9912pc.doc
2
~
f: \dept\p1anning\99files\99var\99-043 \re99 I 2pc.doc
~
Anthony Stamson, Chair
3
~~-;~~1!.'~'~~~";:~~:'~;: .
: '~":'!?\~:':-,:' : ..~~.~.~~.~:;
".~<::'~~"" '~~:~;~;~ . ;, .
.';\6.I/i-1I BIT A
..:;~~~.~t~, '
.)
"'O..r
oo:..rQ~
00, .f'11;
~
!
::.. ..~.
'.-"
/
/
/
/
/
/
/
/
/
/
II:?
Icc'
cc
/...
.;
/
.. ..
.' .
G.J'
~
'CO)
-.J~
~
.....
. .
ceo
O0i
__ 0
ce~
QcJ
,r-
",<-! ,"
/~I
OO'OC
~..;; OJ .
,-) Q 00.
,"a v. 0->,
,I:, ;::,0 0
. . ,,,;>,..~ . ~
. , ;~f':~l~iti~.,' /"'\ . ~
..," 't~J~<'I,~.
. ~. ::'I'.~<.It~~";'r lO_
~...~: ~\. -. ?:'"~
.,.vj...J.... iV
. ......, ',-'
- . 0 ..' ~ 0 .
/
/
/
/
/
(/
Jr ~
&
\
. .~ j
.:..,/i':'V' .
,~_~1.' j
, :' ~ f~
'\.-) {') . ~
~ ~..". I I~'j
C5 '.. . I,\:,
('. ;" I~ t) t; ~
l\' " ~ Iff ~\ ,'-)
. t" ~" ~
r.:Qi:'~~' ~~~~
~ ~ . -' ~'t! ~:J
.,,~. -.( '" l' ~
R ~ ~ ,~. '\,'\.
~.;:; ~ .~ I )
r~'!( ~
l:~:
~ ~s
~"'.~~
l~ ~
~,' ~
~ iu
"'i!~
~tS
~\i
,c ~li
]~ ~ ~i
~'l:; ~ t'
.... '>.. 'li 3
~1: ~
~~ ~~
i
~
~
~
;:)
(()
~
~
~
"l
-.,
'"
q
~
..,
~
~
0
w
ti
(.)
~
LL. W
0 m
z 0
0 ....
-
.... 0
a: <C
0 0
a. a:
~ ~
<C
0 "}
C
W.,
~.-
~li:ti~iJll'~I~~'fll!.!I!~l'~!ll~T"!il";'~(~~:!I'
~ . ~. <; <;<: ~ ~ ~ . (\:,;>" i:,.~J "",,'J,~, tJ ~,': ',.,. . .... '~. ~. ,Uj ", ',A...,;,...,
.~ t~ Q . ~ ~ ~ /.~. '?~~ t??~;~1~r' .' .,<':,,' t~) f':,' f r: ~ . :::(:,}'~1;f\t,
~~'t)~: .~~ ~ .'. ":'~..~',lt:"'-::,J: ''h~;t~~.~. '", \) ~'::"';.,;(p-"'J.~...,':'
~~~.. ,..~:\_,.........,.........,.,...'.'.....'.r..:".~F~~.. :11",-.".' "t". . e ',. .~"~' ","",_
~i'~~'~l~,,:~,:.';~,j~':~1i~ !'~". 'lI.~\f ,{' . l J :\\t::::',i~::,
~,,\;~~ ..~" ~~l ". \;.\.'i;:'.h\.~~i;~, :N<'. J:'lI.' \j II')~' '
~ ~ ~ '1 ~ ~: ~ ~ ). '~<;:;~':\,';;r;t):'~ ~ 1 z: -!l." ..~,
~ ~~~: \,' a...:'j q:".'...;.,~'t?"tr.., z:1U ~ t(\, -, 0 ~t ~., .;.,.:".'",:;'~~'~'i';:;.~.j;.i."'.'.'.i.'....
~~~~~~~~h~' ",i::.:?;(i~..;"';)',~~:,::':~~:(' . -.a:~ .... ~a ,1 ;."
,~ ~ \ 0{) ,.., '>:tt\' ,~.l! :, .'.~.:.;'[:";~ .j~~ Ji ' ell! ~ ,:i 1.3 ~ ~ ".:",: f.[ :,;,:
",'t; ~. ' ... ~,} ')ii;';":;';:;;~l .~l - .~ ij -,. ~ .
~~ ~ F l ~ ~ q ~ "";j,;J,;;;;~':~'~,:;r;~'..~ : ~ '~:l g'+;~<'i".i,::,'..',..'~.;.:'{..'.
~ ~ ~ ~ ""'J l: \j~\,;,!" ,;.fi,~"'.);r.' -'!;. . .)0'"
'\: \) t" .... 1"'4... .~. >'.l.'..'.......t~~l..l.~"'':l(' . .... )I tt ': ",
\..) (It., t. ~. ...,..,;.~_- ~t""~,,, "to; f' t,
" t: ~ ~ t;'1l ~ rl: ,,' .'. :f ;(.~ . . "':'., , "i \. ' "" !t.
~::l.l:"<:",,,,..t~ ., 't1....,."i0,"<:l)>';.',.;:: 'ti:~' "'<I
,,~.1 ~ ~ . a ~~ ;si:S',> 'J.,::,~">-fi ; ~l. ;''-<:s:~
~ ~-,~' ...,~ ~,,; ..,..'. 't'" 1:: "
"= t-. - "\ '" """ ~.,. "~i' .:1 · .
. "",\f, . "'Ilb,, "J'''' ,",,':'..' ,. .... . ~
~~~:~.~ ~~ ~ti ~~. '-. ,.,~~::~~~..:~):'!'..tl i.~
~,,\(5,(,~'.! ..... ~ ,..t~"'j..:~ii!.,.. ~l: _'~
--;}.(~~Io,J"'J<~~'Q'" ~.: ~ !'i..!fi .", '" . ~
.~, ~.=l~.';~9" ' .,; 'oi:~ ..~ ' ~ ~
~ \; ~ ~ J ~" ~ ~ (\ ~ ," l' ~ '>..
~ n<.''>:tl::li~~ :a ~",'ts~' ;{'.S J'4
]l~l 11~ l",,:,'il':>~~l ~
",":l:~~,t:1?:~'.t" . .
L
a
~
':.-;"
, ,~;.'~" iot ,"'
';~~~j~I!~;!'
. '<:';~~::.' .
,:,.t~:t~. .. '-~,;-' ',,,,
;.'
;:~:'l--,:::':,:, :".r
~ J~~if~.'::~ '" :i.~.':~."
~~ - ~/.-' :;"':;.';':~'i.;~~\"\: ;':-~~ " ,.' .' ',;., ..:-
.." "". .'. ~~.: ',r~:',J,,,_,, ,;,", .....". ',' '.' _ t '. '\.'; '.:' '.' ,.: ."
':;:~i;tt[~~;t.;5.,,'.;.~~'~:';V~~:;;(? "~'"
'.T" ~,.,::'; i m'~' '..,
~. .', 1):?'~\;i~:~:;2i..'
. '.~':
,"'oj.
;",'
,'.,:
. '!~~~~.'.
,:;.'.
.-', ..
.r..,
-
. ..
~ 'i~
~
~..~ ..
~:
~ .,'
:
,.
"
,
:;~;:;.
;\~' ..'~!j" .
";<;,,.: ,;,~~ ',";"
,1,1 r:"':'-;'
.\
",~e,'
"','.~'
~.'",l
\-~;:
'~- ( ,
I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
Water City Code Grading
Sewer Storm Water Signs
Zoning 7' Flood Plain County.Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other '5l...~ I .\ -=bo~ ..........
..J
Recommendation:
Approval
Denial
Conditional Approval
Comments: ...-- I ~ ~
i'1IZ>\II^- 0\.. f;ltO ~ \ ~ f \
-1k~~ ~~~::;:. . ".L~+ OpP" -. ~
w (100
I
Lu iLl ik-- J~~\JGuJ~ /'~'C~S5:> -Js- /)Y1~Iic:s
tzS L~ ~n:'t~;, /~(O~Z'~) /L ~<- H;f .
low ~It ,h. dJc> - r -fr.rad ~~cn, ?
,
y~~~ Date: -1l/~/17
VR'\ LY~ I f
Please return any comments by Friday, November 19. 1999, to Ii reo' ~\
\b)@ ~ @ O\~ Ls.-: \','1,
JenniTovar, Planner ,D ~~ --:;\ \\\
City of Prior Lake \ \ ~ '2 \999 \\ \ i i\
16.000 Eagle Creek Avenue SE II \\\ NO\! \ . \\U \
PnorLake,MN55372 h\.\\~~
Phone: (612) 447-9813 \U LI
Fax: (612) 447-4245
Signed:
f:\dept\planning\99files\99vac\99-069\referral. doc
Page 2
--- -----.---------
. ~
Properties adjacent to requested vacation
I
E
21'10
i
10 !
O~ '
Go-.f'l "
(f)
~
o
o
400
800
1200 Feet
~
N
PlkrlMceaty
PUBLIC HEARING
1W:.:
Please register below if you wish to add"
as part of the following public hearing.
the Council
K YOU!
TO CONSIDER APPROVAL OF THE
VACATION OF A PORTION OF RED OAKS ROAD.
***
December 6,1999